Agreement to disincorporate from the public domain regime and authorize contribution to CFE Distribución of the Santa Clara Connections Warehouse

DOF: 02/10/2024

AGREEMENT by which the property is disincorporated from the public domain regime of the Federation and the contribution to the assets of the Subsidiary Productive Enterprise of the Federal Electricity Commission CFE Distribución is authorized, the federal property with a surface area of 728.12 square meters, named "Santa Clara Connections Warehouse", located at Avenida 5 de Febrero number 17, Santa Clara Neighborhood, Postal Code 55540, Ecatepec de Morelos Municipality, State of Mexico, with Federal Real Estate Registry number 15-14042-9.

A seal with the National Coat of Arms is placed at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- AD-011-2024.

AGREEMENT

by

which

the

property

is

disincorporated

from

the

public

domain

regime

of

the

Federation

and

the

contribution

to

the

assets

of

the

Subsidiary

Productive

Enterprise

of

the

Federal

Electricity

Commission

CFE

Distribución

is

authorized,

the

federal

property

with

a

surface

area

of

728.12

square

meters,

named

"Santa

Clara

Connections

Warehouse",

located

at

Avenida

5

de

Febrero

number

17,

Santa

Clara

Neighborhood,

Postal

Code

55540,

Ecatepec

de

Morelos

Municipality,

State

of

Mexico,

with

Federal

Real

Estate

Registry

number

15-14042-9.

VÍCTOR

JULIÁN

MARTÍNEZ

BOLAÑOS,

President

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

Decentralized

Administrative

Body

of

the

Ministry

of

Finance

and

Public

Credit,

based

on

the

provisions

of

articles

1,

2

fraction

I,

17,

26,

31

fractions

XXIX

and

XXX

of

the

Organic

Law

of

the

Federal

Public

Administration;

2

fractions

II,

IV

and

VII,

3

fraction

III,

4

paragraphs

first

and

second,

6

fraction

XXI,

11

fraction

I,

13,

28

fraction

I,

29

fractions

I,

II

and

VI,

84

fraction

VI,

95,

99

fraction

III

and

101

fraction

VI

of

the

General

Law

of

National

Assets;

4

section

G,

fraction

V,

48

and

49

of

the

Internal

Regulation

of

the

Ministry

of

Finance

and

Public

Credit;

and

1,

3

fractions

IX

and

X,

4

fraction

I,

subparagraph

a)

and

6

fractions

XXVI

and

XXXIII

of

the

Regulation

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets; and

C O N S I D E R I N G

FIRST.-

That

among

the

assets

subject

to

the

public

domain

regime

of

the

Federation,

there

is

the

federal

property

with

a

surface

area

of

728.12

square

meters,

named

"Santa

Clara

Connections

Warehouse",

located

at

Avenida

5

de

Febrero

number

17,

Santa

Clara

Neighborhood,

Postal

Code

55540,

Ecatepec

de

Morelos

Municipality,

State

of

Mexico,

with

Federal

Real

Estate

Registry

number

15-14042-9,

segregated

from

a

larger

federal

property

with

a

total

surface

area

of

979.40

square

meters.

SECOND.-

That

the

ownership

of

the

property

subject

to

this

Agreement

is

verified

through

the

Contract

of

Alienation

for

Free

Title

and

Cession

of

Possessory

Rights

number

CD-A 2015 008

of

August

14,

2015

and

its

Addendum

dated

March

18,

2016,

both

registered

in

the

Federal

Public

Property

Registry

under

Real

Folio

number

147239/1

dated

May

23,

2016.

THIRD.-

That

on

October

7,

2015,

the

Act

was

signed

in

which

the

legal

delivery

of

the

assets

subject

to

the "Loan Agreement"

dated

August

11,

2010,

was

recorded,

which

was

carried

out

by

the

Federal

Electricity

Commission

to

the

Ministry

of

Public

Function,

through

its

then

Decentralized

Body,

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

who

in

turn,

in

the

same

act,

legally

delivered

to

the

Federal

Electricity

Commission

the

real

estate

assets

related

in

its

Annexes

2,

3

and

4,

the

last

one

named

"436 REAL ESTATE ASSETS",

in

which

the

asset

subject

to

this

Agreement

is

identified

with

the

serial

number

405.

FOURTH.-

That

through

office

CFE-DIS-651

dated

October

15,

2018,

the

then

General

Director

of

CFE

Distribución,

requested

the

Institute

of

Administration

and

Appraisal

of

National

Assets

for

the

contribution

to

its

assets

of

the

real

estate

listed

in

the

list

named

"Real

Estate

from

the

liquidation

of

Light

and

Power

of

the

Center

requested

for

contribution

by

CFE

Distribución

and

which

it

occupies

exclusively",

attached

to

the

office

of

merit,

to

dedicate

them

to

the

fulfillment

of

the

purpose

for

which

it

was

created,

with

said

real

estate

being

in

serial

number

103.

FIFTH.-

That

on

October

16,

2018,

the

Direction

of

Management

of

Use

of

Real

Estate

attached

to

the

General

Direction

of

Administration

of

Federal

Real

Estate

Assets,

ruled

not

to

carry

out

the

dissemination

provided

for

in

article

49,

fraction

II

of

the

General

Law

of

National

Assets

and

in

numeral

118

of

the

Agreement

by

which

the

provisions

in

Matter

of

Material

Resources

and

General

Services

are

established,

because

the

real

estate

described

in

the

First

Consideration

of

this

Agreement

will

be

the

object

of

the

disposition

act

provided

for

in

article

84,

fraction

VI

of

the

General

Law

of

National

Assets,

therefore,

it

does

not

appear

nor

has

it

appeared

as

available

in

the

Federal

and

Parastatal

Real

Estate

Information

System,

in

addition

to

not

being

suitable

to

be

dedicated

to

the

service

of

any

other

Public

Institution

other

than

the

one

that

has

been

using

it.

SIXTH.-

That

in

its

(9th/18)

Ninth

Ordinary

Session

of

2018,

held

on

October

24,

2018,

the

Real

Estate

Utilization

Committee

through

Agreement

102/18 CAI,

approved

unanimously

the

positive

opinion

for

the

disincorporation

of

329

real

estate

properties

from

the

public

domain

regime

of

the

Federation

for

their

contribution

to

the

assets

of

the

Federal

Electricity

Commission

and

its

Subsidiary

Productive

Enterprises,

among

them,

the

real

estate

subject

to

this

Agreement;

with

the

purpose

that

they

continue

to

be

used

in

the

fulfillment

of

the

purpose

for

which

they

were

created

in

the

provision

of

electric

energy

service;

and

the

issuance

of

the

Opinion

for

Acts

of

Administration

and/or

Disposition.

SEVENTH.-

That

on

October

30,

2018,

the

General

Direction

of

Real

Estate

Policy

and

Management,

attached

to

this

Institute

of

Administration

and

Appraisal

of

National

Assets,

issued

the

Opinion

of

No

Utility

for

Public

Service

number

DAAD/2018/048,

through

which

it

determined

that

the

329

real

estate

properties

subject

to

the

opinion

(including

the

property

in

question),

are

not

useful

for

public

service,

therefore

they

are

subject

to

the

acts

of

administration

and/or

disposition

contained

in

Section

Fifth

of

Chapter

II

of

the

General

Law

of

National

Assets.

EIGHTH.-

That

the

measurements

and

boundaries

of

the

real

estate

subject

to

this

Agreement

are

recorded

in

the

topographic

plan

prepared

at

a

scale

of

1:200

by

the

Federal

Electricity

Commission,

approved

and

registered

by

the

Direction

of

Public

Registry

and

Real

Estate

Control,

of

the

General

Direction

of

Real

Estate

Policy

and

Management

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

with

number

DRPCI/6411/15-14042-9/2018/T

on

December

13,

2018,

and

certified

on

January

7,

2019.

It

should

be

noted

that

the

topographic

plan

records

a

total

surface

area

of

975.41

square

meters

while

the

surface

area

established

by

the

title

of

ownership

is

979.40

square

meters,

so

there

is

a

difference

of

3.99

square

meters,

which

is

equivalent

to

a

variation

of

0.41%;

which

is

within

the

tolerance

of

2%

referred

to

by

the

technical

criterion

established

by

the

General

Direction

of

Real

Estate

Policy

and

Management,

Administrative

Unit

of

this

Institute,

contained

in

the

document

named

"Technical

Specifications

and

Requirements

for

the

Preparation

of

Topographic

and

Cadastral

Plans

to

be

carried

out

with

respect

to

the

real

estate

that

form

part

of

the

Federal

and

Parastatal

Real

Estate

Assets",

in

which

this

is

considered

a

technically

admissible

difference,

taking

into

account

that

not

always

the

same

methods

and

measurement

equipment

have

been

used

to

obtain

the

surface

area

of

federal

real

estate.

This

topographic

plan

records

a

total

surface

area

of

975.41

square

meters,

of

which

CFE

Distribución

has

a

surface

area

of

728.12

square

meters,

which

will

be

contributed

to

its

assets

through

this

Agreement,

with

the

Federation

retaining

a

remaining

fraction

of

247.29

square

meters.

NINTH.-

That

through

office

number

0879-C/0681,

dated

August

19,

2020,

the

National

Institute

of

Fine

Arts

and

Literature

(INBAL),

through

the

Direction

of

Architecture

and

Conservation

of

Immovable

Artistic

Heritage,

informed

that

various

real

estate

properties,

among

them

the

real

estate

subject

to

this

Agreement,

identified

in

the

attached

list

of

said

office

in

serial

number

94,

is

not

included

in

the

INBAL

List

of

Real

Estate

with

Artistic

Value.

TENTH.-

That

through

office

number

401.4S.15-2020/1983

dated

October

12,

2020,

the

National

Institute

of

Anthropology

and

History,

through

the

National

Coordination

of

Historic

Monuments,

informed

about

the

monumental

quality

of

various

real

estate

properties,

among

them,

the

real

estate

subject

to

this

Agreement,

identified

in

serial

number

13,

in

the

list

named

"Monumental

Quality

of

the

Real

Estate

in

the

State

of

Mexico",

attached

to

said

office,

from

which

it

is

derived

that

it

is

not

considered

a

historic

monument,

nor

adjacent

to

any

of

them,

and

is

located

outside

the

limits

of

a

zone

of

historic

monuments.

ELEVENTH.-

That

the

General

Direction

of

Administration

of

Federal

Real

Estate

Assets

of

this

Institute,

in

accordance

with

what

is

provided

in

article

11

fraction

V,

of

the

Regulation

of

this

Institute,

knows

and

reviews

from

a

technical

legal

point

of

view,

the

disincorporation

from

the

public

domain

regime

of

the

Federation

and

the

authorization

of

the

contribution

of

the

federal

real

estate

subject

of

this

Agreement.

The

legal

and

technical

documentation

that

supports

the

legal

and

administrative

situation

of

the

real

estate,

as

well

as

this

Agreement,

is

in

the

processing

file

integrated

by

said

General

Direction

and

was

properly

compared

with

that

which

is

found

in

the

Federal

and

Parastatal

Real

Estate

Information

System.

Based

on

article

9

fraction

XIV

of

the

Regulation

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

the

Legal

Unit

issued

an

opinion

regarding

the

procedence

of

this

Agreement;

therefore,

based

on

the

considerations

referenced

and

being

the

purpose

of

the

Federal

Executive

to

give

the

optimal

utilization

to

the

federal

real

estate

assets,

I

have

deemed

it

appropriate

to

issue

the

following:

A G R E E M E N T

FIRST.-

The

federal

property

with

a

surface

area

of

728.12

square

meters,

named

"Santa

Clara

Connections

Warehouse",

located

at

Avenida

5

de

Febrero

number

17,

Santa

Clara

Neighborhood,

Postal

Code

55540,

Ecatepec

de

Morelos

Municipality,

State

of

Mexico,

with

Federal

Real

Estate

Registry

number

15-14042-9

is

disincorporated

from

the

public

domain

regime

of

the

Federation

and

its

contribution

to

the

assets

of

CFE

Distribución,

Subsidiary

Productive

Enterprise

of

the

Federal

Electricity

Commission,

is

authorized,

in

order

for

it

to

continue

using

it

in

the

fulfillment

of

its

purpose.

SECOND.-

The

Institute

of

Administration

and

Appraisal

of

National

Assets

will

carry

out

on

behalf

and

representation

of

the

Federation

the

corresponding

acts

to

carry

out

the

real

estate

operation

that

is

authorized.

THIRD.-

If

CFE

Distribución

ceases

to

use

the

real

estate

whose

contribution

to

its

assets

is

authorized,

gives

it

a

use

different

from

that

established

in

this

Agreement

without

the

prior

authorization

of

this

Institute,

or

if

it

no

longer

needs

it,

said

real

estate

with

all

its

improvements

and

accessions

will

revert

to

the

assets

of

the

Federation.

This

condition

must

be

inserted

in

the

title

of

ownership

that

is

issued

for

this

purpose.

FOURTH.-

The

taxes,

fees,

honorariums

and

expenses

that

arise

in

their

case

as

a

result

of

the

operation

that

is

authorized

will

be

paid

by

CFE

Distribución.

FIFTH.-

The

Institute

of

Administration

and

Appraisal

of

National

Assets

within

the

scope

of

its

attributions

through

the

General

Direction

of

Administration

of

Federal

Real

Estate

Assets,

will

supervise

the

strict

compliance

of

this

Agreement.

SIXTH.-

For

the

purpose

of

formalizing

the

contribution

contract

that

is

authorized,

CFE

Distribución

commits

to

carrying

out

the

subdivision

of

the

real

estate

at

the

appropriate

time,

provided

that

it

does

not

contradict

the

applicable

local

regulations

in

the

Federal

Entity

where

the

Federal

Real

Estate

is

located;

the

above,

since

it

is

indispensable

to

keep

updated

the

information

of

the

Inventory

System

of

Federal

and

Parastatal

Real

Estate

Assets,

as

well

as

the

legal

situation

of

Federal

Real

Estate.

SEVENTH.-

If

within

the

year

following

the

entry

into

force

of

this

Agreement,

the

corresponding

contract

for

the

real

estate

operation

that

is

authorized

has

not

been

celebrated

due

to

causes

attributable

to

CFE

Distribución,

determined

by

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

this

Agreement

will

become

void,

this

Institute

must

publish

in

the

Official

Gazette

of

the

Federation

an

Agreement

by

which

this

circumstance

is

made

known,

as

well

as

notify

it

to

the

cited

subsidiary

productive

enterprise.

This

Agreement

will

enter

into

force

on

the

day

following

its

publication

in

the

Official

Gazette

of

the

Federation.

Mexico

City,

September

19,

2024.-

President

of

the

Institute

of

Administration

and

Appraisal

of

National

Assets,

Víctor

Julián

Martínez

Bolaños.-

Signature.

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